DocketNumber: Docket No. 6, Calendar No. 38,250.
Citation Numbers: 263 N.W. 866, 273 Mich. 554
Judges: EDWARD M. SHARPE, J.
Filed Date: 12/10/1935
Status: Precedential
Modified Date: 1/12/2023
I cannot concur in either opinion. *Page 570
The attorney general states the pivotal question as follows:
"Does the Union Guardian Trust Company, not having applied for and having received the right to do a general commercial and savings bank business under the statutes, come within the provisions of Act No. 32, Pub. Acts 1933, as amended?"
The answer is no.
The decision in Robinson v. People's Bank of Leslie,
Trusts, created by private instruments, designating a chartered trust company fiduciary, or such designation by a court of competent jurisdiction, establish a relation and vest powers not in any wise related to banking and exclusively within judicial cognizance with reference to needed control, management and appointment of a successor trustee or trustees.
Act No. 32, Pub. Acts 1933, impinges this judicial power if held to apply to a trust company prohibited, by statute, from doing a banking business. *Page 571
If the trust company has violated the statutory prohibition the remedy is not under Act No. 32. The act does not bring a trust company, prohibited by the statute from doing a banking business, within its provisions and all the proceedings to the contrary are null and void and should be dismissed.
BUSHNELL, J., did not sit.
The late Justice NELSON SHARPE took no part in this decision.